Availment of the Special Leave Benefits for Women Under R.A. NO. 9710 (An Act Providing for the Magna Carta of Women)
DISSEMINATION OF CIVIL SERVICE COMMISSION (CSC) MEMORANDUM
CIRCULAR NO. 25, S. 2010 Availment of the Special Leave Benefits for Women Under R.A. NO. 9710
(An Act Providing for the Magna Carta of Women)
For the information and guidance of all concerned, enclosed is a copy of
Civil Service Commission (CSC) Memorandum Circular No. 25, s. 2010
dated December 1, 2010 entitled "Availment of the Special Leave Benefits for Women Under R.A. No. 9710 (An Act Providing for the Magna of Women)," which is self-explanatory.
This Memorandum Circular, if properly implemented, will give female teachers/personnel enough courage to undergo surgical operation and prevent further worsening of their condition if it remains unattended. It will also assure that their salaries and leave credits remain unaffected. The said Memorandum Circular is retroactive effective September 15, 2009 or fifteen (15) days after the publication of the Magna Carta of Women. Female teachers/personnel who availed of this kind of leave, and have undergone surgery caused by gynecological disorder, will have their leave credits restored and if without pay, the salaries deducted should be refunded.
CIVIL SERVICE COMMISSION MC No. 25, s. 2010
TO: ALL HEADS OF CONSTITUTIONAL BODIES; DEPARTMENTS; BUREAUS AND AGENCIES OF THE NATIONAL GOVERNMENT; LOCAL GOVERNMENT UNITS; GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS WITH ORIGINAL CHARTER; AND STATE COLLEGES AND UNIVERSITIES
SUBJECT:Guidelines on the Availment of the Special Leave Benefits for Women Under R.A. 9710 (An Act Providinq for the Magna Carta of Women):
Pursuant to CSC Resolution No. 1000432 dated November 22, 2010, the following Guidelines on the Availment of the Special Leave Benefits for Women Under R.A. 9710 (An Act Providing for the Magna Carta of Women) are hereby prescribed for the guidance of all concerned:
1.1 To provide further guidelines on the availment of special leave benefits for qualified female public sector employees who have undergone surgery caused by gynecological disorders' pursuant to the provisions and implementing rules and regulations of the Magna Carta of Women.
1.2 To ensure uniform interpretation and implementation of the grant of the special leave benefits for women and ensure that the availment of the same ultimately upholds the objectives of the Law.
2.0 Guidelines on Entitlement to the Special Leave Benefits for Women
2.1 Any female public sector employee2, regardless of age and civil status, shall be entitled to a special leave of a maximum of two months with full pay based on her gross monthly compensation3, provided she has rendered at least six (6) months aggregate service in any or various government agencies for the last twelve (12) months prior to undergoing surgery for gynecological disorders.
2.1.1 The special leave may be availed for every instance of gynecological disorder requiring surgery for a maximum period of two (2) months per year.
2.2 Generally, availment of the said special leave benefits shall be in accordance with the attached List of Surgical Operations for Gynecological Disorders 4 (Annex A), which reflects, among others, the estimated periods of recuperation from surgery due to the specific gynecological disorder.
2.2.1 The said List of Surgical Operations for Gynecological Disorders reflects, among others a classification of the Procedure based on the patient's estimated period of recuperation, defined as follows:
Classification of the Procedure based on the Patient's Estimated Period of Recuperation if without concomitant medical problems
Surgical Procedures requiring a maximum period of recuperation of two (2) weeks
Surgical Procedures requiring a minimum period of recuperation of three (3) weeks to a maximum period of two (2) months
2.2.2 Other Surgical Operations for Gynecological Disorders which are not found in Annex A of this Guidelines may be allowed subject to certification of a competent medical authority and submission of other requirements provided under item 3.1 hereof.
2.3 The earned leave credits may be used for preparatory procedures and/or confinement prior to the surgery. Moreover, should the period of recuperation after the surgery exceed two (2) months, the female official/employee may use her earned sick leave credits for the same. If the sick leave credits have been exhausted, the vacation leave credits may be used pursuant to Section 56 of the Omnibus Rules on Leave.
2.4 This special leave benefit is non-cumulative and not convertible to cash.
3.0 Procedure for Availment of the Special Leave Benefits for Women
3.1 The application for the special leave benefit shall be made through the Civil Service Form No. 6 (CS Form 6) signed by the employee and approved by the proper signing authorities.
3.2 The CS Form 6 shall be accompanied by a medical certificate filled out by the proper medical authorities, e.g. the attending surgeon accompanied by a clinical summary reflecting the gynecological disorder 5 which shall be addressed or was addressed by the said surgery; the histopathological report; the operative technique used for the surgery; the duration of the surgery including the peri-operative period (period of confinement around surgery); as well as the employee's estimated period of recuperation for the same.
3.3 The application for the special leave benefits may be applied for in advance, that is, at least five (5) days prior to the scheduled date of the gynecological surgery that will be undergone by the employee. The rest of the requirements specified in Item 3.2 shall be attached to the medical certificate upon the employee's return to work under Item 3.5 of this Guidelines.
The advance notice for taking such leave would give the proper authorities ample time and means to prevent the disruption of the operations of the work unit during the absence of the employee and to address the exigency of services of the office.
3.4 In instances when a qualified female employee undergoes an emergency surgical procedure, the said leave application shall be filed immediately upon the employee's return from such leave, also following the procedure set forth in Item 3.1 and 3.2 of this Guidelines.
3.5 Upon the employee's return to work, she shall also present a medical certificate signed by her attending surgeon that she is physically fit to assume the duties of her position.
4.0 Responsibilities of the Agency Head
4.1 The agency head shall ensure that the aforecited guidelines are enforced in one's agency as a mechanism in order that female employee's right to proper reproductive health care is ensured.
4.2 The agency head shall promote reproductive health care awareness and wellness program for its employees through proactive measure/s such as conduct of annual physical/medical check-up, information campaign on maintaining proper reproductive health care; issuance of health advisories; distribution of educational reading materials and conduct of fora relative to the same.
These Guidelines shall take effect retroactively starting September 15, 2009 or fifteen (15) days after the publication of the Magna Carta of Women.
Government officials and employees covered in these Guidelines whose periods of surgery and recuperation due to gynecological disorders after the effectivity6 of the Magna Carta of Women and before the promulgation of these Guidelines were deducted against their sick or vacation leave credits can have the said leave credits restored and/or appropriate gross compensation paid, as the case may be.
Undersigned FRANCISCO T. DUQUE III, MD, MSc Chairman
'Gynecological disorders refer to disorders that would require surgical procedures such as, but not limited to dilatation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent physician. For purposes of the Act and these Rules and Regulations, gynecological surgeries shall also include hysterectomy, ovariectomy, and mastectomy. (Item M, Section 7, Rule II of the Implementing Rules and Regulations of RA 7910 Otherwise known as The Magna Carta for Women).
2 "Employee" refers to public officials in the career and non-career service who are employed in the civil service. Those without an employer-employee relationship such as those on Contracts of Service or Job Orders are not covered by this Guidelines.
3 "Gross Monthly Compensation" refers to the monthly basic pay plus mandatory allowances fixed by Law given in support of a public sector employee's monthly cost of living expenses in addition to salaries such as, Personal Economic Relief Allowance (PERA). Said Gross Monthly Compensation shall exclude, however, allowances and other forms of compensation such as RATA and the like that an employee is regularly entitled to by virtue of his/her performance of the functions of his/her position, all in accordance with pertinent rules and regulations of the Department of Budget and Management (DBM).
° Annex A of this Guidelines refers to The List of Surgical Operations for Gynecological Disorders formulated by a Technical Working Committee composed of Obstetrician-Gynecologists, Surgeons, and Medical Doctors from the University of the Philippines-Philippine General Hospital (UP-PGH), the Department of Health's (DOH) Quirino Memorial Medical Center, the Philippine Health Insurance Corporation (Phi/Health) with the support of the Philippine Obstetrical and Gynecological Society, Inc (POGS) and the Philippine College of Surgeons (PCS) and the DOH's Dr. Jose Fabella Memorial Hospital. The said List reflects the type of surgical procedure for the gynecological disorder; the disease being addressed by the said surgical procedure; as well as the classification or type of procedure to be undertaken/undertaken based on the patient's estimated period of recuperation (if without concomitant medical problems) as agreed upon in the discussion and inputs of the members of the aforecited Technical Working Committee.
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I underwent D & C due to endometrial polyp. For what I understood under magna carta for women benefit, this is a gynecological disorder and should be entitled for 2 months full pay from the company. But I was only approved for 14 days magna carta benefit. Is this right? I just want to know how to arrive with the computation for this benefit. I had D & C last March 3, 2016 and was discharged March 5, 2016. I was hired with the company April 5, 2014.
Hi! I underwent TABHSO procedure last December and I availed the 2mos. special leave benefit under magna carta for women. Can i still avail the SSS sickness benefits but i already filed the sss sickness benefits and was approved by the sss but my company told me that they cannot process the reimbursement because of "double compensation" daw. I want to know is it correct? kindly reply to my email. thank you.
Hi! Just wanna inquire if I am covered by Magna Carta for women. I underwent a D & C procedures last Nov. 21, 2015 because of non stop vaginal bleeding. I asked our HR about Magna Carta but they said that according to SSS doctor I am not covered by this because theres no part are being removed. Is it correct? Thank you.
I am employed from June 1, 2015 up to present. I had a mastetomy last Dec. 3, 2015 and I applied for magna carta leave from Dec. 2, 2015 - Jan. 8, 2016. According to my employer, I am not qualified to avail such leave even if I work for continuous 6 months because I am only less than a year employed. Is it true?
Good day! I just want to clarify if I can avail the 2months leave under magnacarta benefits for women since my company don't have idea regarding my case and I know you are the right person to ask...2wks ago I underwent Laparoscopy, chromotubation, Extensive adheolysis and destruction of endometriotic implants with post diagnosis of Severe pelvic adhesive disease, Pelvic endometriosis stage 3..and this the reason why until now i don't have kids because of this problem. Hoping for your immediate response so that i can file and avail this magnacarta benefits for women.Thank you and God bless.
I have undergone D&C last February 5, 2015 and my employer gave me 2 weeks vacation with pay. Then last March 23, 2015 had my TAHBSO operation. As teacher what benefit can I have since April & May are vacation month. Can I still avail of the 2 months Special Leave for my TAHBSO operation. Need to know immediately. Thank you very much.
I had a needle aspiration for my bartholin cyst, i searched and downloaded CS No. 6 form applicaton leave in excel file. submit this form to your HR. During the period of leave, the woman employee shall not report for work but she will still receive her salary covering said period and it is upon the discretion of the employer whether to allow the employee availing of the SLB to receive her salary, before or during the surgery. Check the list of Gynecological Disorder under Magna CArta Law.SLB or Special LEave Benefit is on top of other leave , SLB is different from SSS sickness benefit. It must be emphasized that SLB is granted by the employer to a woman employee who has undergone surgery due to gynecological disorder. On the other hand, the sickness benefit is administered and given by the SSS in accordance with the SSS law and in compliance with the requirements provided therein.
One of our employee undergo of Hysteroscopy polypectomy last June 7, 2014. It was classify as minor procedure with 1 to 2 wks leave. How will be the computation of magna carta? Is it 2wks only? Please reply on my email. Thanks.
just want to clarify regarding the special leave benefit availment - is this benefit on top of the sss leave benefit that we get...cause we are told by hr or clinic dept where i work that if given the sss benefit - no longer qualified for the special benefit- please confirm - had mastectomy (breast cancer) and was wondering if i am qualified for the above RA 9710 availment.Looking forward for your mot favoraboe feedback so I can get back on our hr dept or clinic...working for a call center by the way.thanks again
Last January 8, 2013 i undergone D & C and so I applied for 2 weeks special leave under RA 9710. But, despite the D&C i again experience profuse vaginal bleeding after two weeks which resulted to TABHSO on February 4, 2013. May i be clarified on item 2.1.1 of RA 9710 (Magna Carta for Women) which states that
"The special leave may be availed for every instance of gynecological disorder requiring surgery for a maximum period of two (2) months per year."
Since i already availed of the two (2) weeks special leave for the D&C am I still qualified to avail for the two (2) special leave for the TABHSO.
I appreciate receiving your feedback soonest. Thank you
Is availment of Special leave benefit have expiration? for example, i've been operated last July 2010 and we only only knew this magna carta of women only this year (2013) can i ask my employer for the payment of this special leave benefit?
I had my TAHBSO operation last April 2012. I was on leave for 2 months thru SSS Sickness Benefit. Can i still avail of the 2 months Special Leave for Women even with the SSS Sickness Benefit. Can I avail the two benefits at the same time for 60 days?
Just want to ask if a female govt. employee underwent complete hysterectomy, aside from the special leave benefits of 2 months under Republic Act 9710, are we still entitled to have sss benefits while recuperating and how much? Thank you and would appreciate if you could give me some clarifications.
I want to avail of the benefit for R.A. no 9710. I filed for sick leave due to dilatation and curettage and submitted the necessary documents but I was not paid by my employer which is a government school.
same case with ms.ani. nag file ako sa sss pero sabi ng sss under magna carta nga yung operation so ininform ko yung company about this hindi daw sila aware na may ganyan na law. So ngayon im still waiting kung ano ba ang dapat gawin kasi unfair naman. hinahanapan din ako ng butas ng company para lang hindi sila magbayad ng magna carta.
pls.. help what to do.. nag vail ako ng magna carta.. for my case as i read about the law na admit ako in hospita pasok ako sa qualification and i have the documents.. ng nalaman ang company about the 2mo salary na with pay.. e hindi ko yun nagamit kc ultimo hr di alam na me batas pa lng ganu.. hinahanapan ako ng butas para di ko maavail ang aking mgna carta. need uur feed back guys thanks
I would like to know if I can avail the special leave of magna carta for women. I am working in the private school. I will be having TAHBSO scheduled on April 12, 2012. You can send your reply in my e-mail address. Thank you very much for your immediate respond.
I've just got my special leave from my employer this Jan 30, 2012. ( I operated last Sept 20, 2010 of TAHBSO ) and I was surprised that it was deducted of withholding tax at 25% in my compensation. I understand that under the Magna Carta for women the employer will pay me a two - month salary as a full. I just want to ask if this is the correct procedure in payment of my leave. Can you reply me on my e-mail address?